Anatomy of a breakdown

Updated 12:17 am, Thursday, April 11, 2013

Kylie Lucas, who had infantile leukemia, died in early February at 21 months.

Kylie Lucas, who had infantile leukemia, died in early February at 21 months.

Photo: Courtesy Photo

Anatomy of a breakdown

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Last week, I wrote that a systemic breakdown occurred in the case of Kylie Lucas, who died at 21 months.

Kylie suffered from infantile leukemia. She also was shuffled through Child Protective Services. Citing “medical neglect,” the agency in December removed Kylie from her parents. A judge ruled soon after that she return home.

She died Feb. 3.

Three days later, trying to ascertain what parts of the system had broken down, Judge Peter Sakai issued an order for all witnesses with information about Kylie's death to appear in court for a “progress report.”

This month, the 4th Court of Appeals rebuffed Sakai, ruling that too much time had elapsed since the December hearing.

“I certainly respect the decision made by the 4th Court of Appeals,” Sakai told me, “but I hope that this community never becomes complacent and desensitized to child deaths that occur in our community.”

Indeed, trying to figure out what went wrong is still worthwhile.

Note, however, that CPS has concluded that nothing did go wrong. When I tried Wednesday to obtain a report on Kylie's death, CPS spokeswoman Mary Walker stated in an email that none was available because “the abuse/neglect did not result in the fatality.”

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Yet a CPS caseworker in December met with Kylie's oncology doctor, who alleged neglect.

Two days earlier, Kylie had been diagnosed with bronchitis and severe dehydration and was placed in intensive care.

“According to (the doctor), in order to improve Kylie's health, she needs to be in a sterile environment that will not compromise her immune system,” the caseworker wrote. “Her home needs to be clean, and Kylie cannot be exposed to smoke.”

Last week, I visited the cramped, dirty apartment in which Kylie had lived with her grandparents, parents and three siblings. Ashtrays in the smoky home were overflowing with cigarette butts.

CPS removed Kylie from the apartment on an emergency basis. On Wednesday, I spoke to the foster mother who cared for her.

“We don't smoke,” she said. “Our house is clean all the time. We were able to devote 110 percent of our time just to her.”

Kylie had “chubby cheeks” and was small for her age but “so happy most of the time,” said the foster mother, who asked to remain anonymous.

“We would go for chemo appointments, and they would have to poke her finger to get blood, and she never cried,” she said. “She took her medicine like a champ. The medical team said she was the best she had looked ever while she was in our care.

“She was gaining weight, she was eating, she was happy.”

With a court hearing looming, this information was critical.

Indeed, the day Kylie moved into her new home, the Bexar County Sheriff's Office received notice to serve Kylie's oncology doctor with a subpoena to testify at the hearing. On Dec. 11, the agency made two attempts, but “both of those attempts were unsuccessful,” said Paul Berry, spokesman for the Sheriff's Office.

Six days later, no health care professionals testified at the hearing, and Judge Richard Garcia denied the state's request for temporary conservatorship of Kylie.

A source close to the investigation said Kylie's medical team, upset at the decision, sent letters to CPS and the Bexar County district attorney's office “urging the agencies to do something about the situation involving Kylie.”

The state did not appeal. Kylie died about six weeks later.

“We understand where the judge came from,” the foster mother said. “We can't just remove someone's kid because they're poor. However, her case really hinged on the medical stuff, and her parents were not equipped to care for her from a medical standpoint.”

The breakdown also troubled an employee at a local foster adoption agency, who told me that the medical team “felt that the safety of that child needed that sterile environment.

“The information just has to get to the judge. We have so many cases where the judge is just not aware of the whole picture.”